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news details
Committee seeks more time for submitting recommendations
Implementation of Lokayukta Act to get delayed
12/18/2019 10:46:53 PM
Ishtiyaq Ahmad
Early Times Report
srinagar, Dec 18: The implementation of Lokayukta Act may get delayed after a high-powered committee sought more time for submitting report to the government.
Government on last month framed a five member committee headed by Secretary Law to look into applicability of Lokayukta Act in Jammu and Kashmir.
Director Anti-Corruption Bureau, Additional Secretary General Administration Department and two officers from Department of Law, Justice and Parliamentary Affairs are its members. It was asked submit report by December 12.
However, it has sought more time for submission of the report.
"It needs some legal consultations. Some believe that officials from other departments can't conduct enquiries under the Lokayukta Act. It has to look whether officials of other departments can conduct inquiries till inquiry wing is constituted by the Lokayukta," an official of Law Department said.
Law Commission headed by Justice (retired) M K Hanjura has suggested that Lokayukta shall consist of a chairperson, who is or has been a chief justice or judge of a high court and four members out of whom two shall be judicial members.
"Till the time the inquiry wing is constituted by the Lokayukta, government shall make available such number of officers and other staff from such of its departments, as may be required, for conducting inquiry," Law Commission recommendations read.
The recommendations have come after seven commissions including State Accountability Commission were dissolved when Jammu and Kashmir was officially declared union territory on October 31.
The Lokayukta was implemented across India in 2013 and was not extended to Jammu and Kashmir because the erstwhile state was enjoying special status under Article 370 in the Indian constitution.
Instead of this, JK had SAC which was constituted in 2003. Under the purview of its mandate, the office of the chief minister, cabinet ministers, legislators, and bureaucrats, was open for investigations, if there be a complaint of wrongdoing against any of them.
The Section 63 of the Lokpal and Lokayuktas Act, 2013 says: "Every State shall establish a body to be known as the Lokayukta, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against public functionaries, within a period of one year from the date of commencement of this Act."
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